§ 214. Retired officers; compensation. 1. An officer of the organized
militia who:

a. has been a commissioned officer in active service for at least
twenty years in the organized militia of the state of New York or in the
army, air force, navy or marine corps of the United States for at least
twenty years and

b. has received an annual compensation from the state for the
performance of military or naval duty

(1) during fifteen consecutive years of such service immediately
preceding his retirement and transfer to the state retired list as
provided in this chapter or

(2) for ten consecutive years of such service immediately preceding
his retirement and transfer to the state retired list as provided in
this chapter, if he has had actual combat experience in time of war
while in the army, air force, navy or marine corps of the United States
or if he has served on the active list of a force or forces of the
organized militia for at least ten years as an enlisted man and at least
thirty years as a commissioned officer, shall receive annually from the
date of his retirement and transfer to the state retired list as
provided in this chapter and during the time he remains on the state
retired list seventy-five per centum of the highest annual rate of
compensation paid to him by the state for the performance of military or
naval duty.

2. Any time spent in the service of the national guard or naval
militia of the state of New York on inactive service, during the ten
years immediately preceding his retirement, for which he received
compensation from the state, and during which he shall have performed
the same duties required of him after transfer to active service, shall
be deemed, for the purposes of this section, to have been spent in
active service.

3. The time spent by an officer in the military or naval service of
the United States while he is a state employee shall be counted in
computing the time during which such officer has received an annual
compensation from the state and in computing the period of service on
the active list of a force or forces of the organized militia
notwithstanding the fact that such officer may not have received
compensation from the state or may not have been an officer of the
organized militia during such period.

4. A commissioned officer of the national guard of the state of New
York in active service or upon the state reserve list, who has served in
the active national guard of New York and in the federal military
service for an aggregate period of twenty-five years, of which period
twenty years shall have been as a commissioned officer, and who during
such period of service has served as a major general commanding a
tactical division in the army of the United States, made up of units or
troops of the New York national guard and which participated under his
command in actual combat service in time of war, shall receive annually
from funds appropriated for the support of this military establishment
of the state or for the national guard and naval militia of the state,
from the date of his retirement upon reaching the age of sixty-four
years and during the time he remains on the retired list, seventy-five
per centum of the annual pay of a major general on the active list of
the regular army of the United States.

5. If an officer entitled to be retired and to receive the
compensation provided by this section dies before his retirement and
transfer to the state retired list as provided in this chapter, his
widow shall receive annually during her life one-half of the amount
which her husband would have received if he had been retired and on the
state retired list at the time of his death.

6. The provisions of this section shall not apply in the case of any
person who on or after July first, nineteen hundred fifty-four, enters
or re-enters service at an annual compensation from the state for the
performance of military or naval duty. For the purposes of this
subdivision, a person who entered or re-entered such service before such
date shall be deemed to continue therein during the time he performs
military duty under a leave of absence therefor pursuant to section two
hundred forty-two or section two hundred forty-three of this chapter.